This permit is required to install, operate or construct any bathing establishment (pool) in New York City, including bathing establishments owned or operated by city agencies, commercial interests or private entities including, but not limited to, public or private schools, corporations, hotels, motels, camps, apartment houses, condominiums, country clubs, gymnasiums and health establishments.
This permit is not required for (1) a pool or sauna and steam rooms within a one or two family dwelling, or a dwelling unit of a multiple dwelling, that is solely for non-commercial use by the occupants, (2) a float tank or relaxation tank used by one person at a time, (3) pools used only for religious purposes (ritual immersion), or (4) spa pools used for prescribed medical therapy or rehabilitation and under medical supervision.
The requirements for both the Annual Bathing Establishment Permit (Type 41) and the Seasonal Bathing Establishment Permit (Type 42) are the same, but they have different expiration dates and renewal fees. The expiration date for the Annual permit is April 30. The Seasonal Bathing establishment permit expires on November 1 of each year. A Renewal Certificate, Form 401 is mailed to the facility upon expiration of the permit and must be renewed to satisfy the regulatory requirements of the New York City Health Code. Please see the Fee section, below, for additional details.